Title 17, Chapter 2, Section 2
( 17-2-2)
(a) In general. Criminal actions shall be tried in the county where
the crime was committed, except as otherwise provided by law. (b) Crime committed on boundary line of two counties. If a crime is
committed on, or immediately adjacent to, the boundary line between
two counties, the crime shall be considered as having been committed
in either county. (c) Criminal homicide. Criminal homicide shall be considered as
having been committed in the county in which the cause of death was
inflicted. If it cannot be determined in which county the cause of
death was inflicted, it shall be considered that it was inflicted in
the county in which the death occurred. If a dead body is discovered
in this state and it cannot be readily determined in what county the
cause of death was inflicted, it shall be considered that the cause
of death was inflicted in the county in which the dead body was
discovered. (d) Crime commenced outside the state. If the commission of a crime
under the laws of this state commenced outside the state is
consummated within this state, the crime shall be considered as
having been committed in the county where it is consummated. (e) Crime committed while in transit. If a crime is committed upon
any railroad car, vehicle, watercraft, or aircraft traveling within
this state and it cannot readily be determined in which county the
crime was committed, the crime shall be considered as having been
committed in any county in which the crime could have been committed
through which the railroad car, vehicle, watercraft, or aircraft has
traveled. (f) Crime committed on water boundaries of two counties. Whenever a
stream or body of water is the boundary between two counties, the
jurisdiction of each county shall extend to the center of the main
channel of the stream or the center of the body of water; and, if a
crime is committed on the stream or body of water and it cannot be
readily determined in which county the crime was committed, the
crime shall be considered as having been committed in either county. (g) Crime committed on water boundaries of two states. Whenever a
crime is committed on any river or body of water which forms a
boundary between this state and another state, the accused shall be
tried in the county of this state which is situated opposite the
point where the crime is committed. If it cannot be readily
determined on which side of the line a crime was committed between
two counties which border the river or body of water, the crime
shall be considered as having been committed in either county. (h) Crime in more than one county. If in any case it cannot be
determined in what county a crime was committed, it shall be
considered to have been committed in any county in which the
evidence shows beyond a reasonable doubt that it might have been
committed. (i) Cumulative effect of Code section. This Code section is
cumulative and shall not supersede venue provisions found in other
parts of this Code. |